How do you stop a foreclosure if you’re trying to negotiate a settlement but the condo association and their lawyers do not answer your calls or emails?

My fiance owns property in a condo. The mortgage for the condo is in her ex-husband’s name, however the property was “awarded” to her due to legal reasons. She has been behind on mortgage payments and association fees due to a medically disabled child. The child is on SSI. I moved in with her within a week of her foreclosure notice. The condo association dues were past due by a few months, however in the past the were caught up with her tax returns. Now they are saying she owes almost $900 in past due fees plus almost another $3000 in legal fees. I have been in the condo and with her for not even 2 months and we have been trying to get the past due fees and mortgage up to date. She just filed for Chapter 7. Neither the condo board or their lawyer will talk with us unless we pay to talk to them. There is something very wrong with this.

Asked on October 14, 2017 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your fiance has already taken the appropriate action by filing for bankruptcy. Bankrupty "stays," or delays, any collections efforts while the bankruptcy is going on, and that includes foreclosure actions. The stay is not permanent, especially when money is owed pertaining to property; they can get the stay lifted by going to court but that will take sometime and they will have to talk to you at the court proceeding.


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